"Assault and Abuse During Investigation" Reopening of Kim Jae-gyu's 10·26 Incident Retrial Decision (Comprehensive)

Seoul High Court Decides to Initiate Retrial on the 19th... 45 Years After Execution of Death Sentence
Court: "Beatings and Electric Torture for Several Days Constitute Assault and Cruelty Under Criminal Law"
Kim Jaegyu's Family Filed for Retrial in May 2020

The court has decided to initiate a retrial for the late Kim Jae-gyu, former head of the Central Intelligence Agency, who was sentenced to death for the '10·26 Incident.' This comes 45 years after the execution of the death sentence.

[Image source=Yonhap News] Photo by Kim Jaegyu

On the 19th, the Criminal Division 7 of the Seoul High Court (Presiding Judges Lee Jae-kwon, Song Mi-kyung, Kim Seul-gi) decided to commence the retrial of the case. Kim Jae-gyu was arrested by the Security Command on October 27, 1979, the day after he was accused of assassinating former President Park Chung-hee and then-Chief of Security Cha Ji-cheol on October 26.

He was indicted by a military court on November 26, just one month later, and was sentenced to death on charges of murder for the purpose of rebellion and attempted rebellion within 16 days of the trial's commencement. The death sentence was carried out six months later, on May 24, 1980.

The court stated, "According to the records, it can be acknowledged that investigators belonging to the Joint Investigation Unit of the Martial Law Command inflicted physical abuse and harsh treatment, including beatings and electric torture, on the defendant for several days during the investigation of the retrial case." It added, "Those performing duties related to detention committed assault and harsh treatment against the defendant while carrying out their duties, which constitutes assault and harsh treatment under criminal law."

Furthermore, the court ruled that whether the crimes related to official duties are connected to the substantive facts of this case is not a matter to be considered when determining whether there are grounds for retrial under the Criminal Procedure Act.

The court judged, "Regarding the retrial judgment, it has been proven that the judicial police officers involved in the investigation forming the basis of the indictment against the defendant committed crimes related to their duties; however, the statute of limitations for those crimes has expired, making it impossible to receive a final judgment. Therefore, there are grounds for retrial."

In December 1979, Kim Jae-gyu shows a bright expression to his approaching family from the defendant's seat in the Martial Law Ordinary Military Court at the Army Headquarters. archive.>

Earlier, Kim Jae-gyu’s bereaved family filed for a retrial in May 2020, expressing hope that "this would serve as an opportunity for the historical discussion about the figure Kim Jae-gyu to evolve and advance."

The court held the first hearing on April 17 last year, four years after the family’s retrial petition, concluded three hearings, and reviewed the prosecution’s opinion to decide whether to initiate the retrial.

This content was produced with the assistance of AI translation services.